Terms and Conditions

Terms & Conditions

Terms and Conditions

 

Liability Release
In consideration of the services of Yoga Your Way , LLC, including, but not limited to its agents, owners, officers, volunteers, participants, employees, affiliates, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “YYW”), I HEREBY ACKNOWLEDGE AND AGREE TO IRREVOCABLY RELEASE AND WAIVE, INDEMNIFY, AND DISCHARGE YYW OF ANY AND ALL PAST, PRESENT, OR FUTURE CLAIMS ON BEHALF OF MYSELF, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES/AGENTS, AND ESTATE AS FOLLOWS:

1. I ACKNOWLEDGE that I understand that yoga includes physical movements, as well as an opportunity for relaxation, stress re-education, and relief of muscular tension. As is the case with any physical activity, THE RISK OF INJURY TO ME OR TO THIRD PARTIES, EVEN SERIOUS OR DISABLING, IS ALWAYS PRESENT AND CANNOT BE ENTIRELY ELIMINATED. If I experience any pain or discomfort, I will listen to my body, adjust the posture. I will continue to breathe smoothly. I ASSUME ALL RISKS (which may include, among other things, dehydration, and muscle strain or damage) AND UNDERSTAND IT IS MY RESPONSIBILITY TO KEEP MYSELF HYDRATED AND COMFORTABLE.

2. I further acknowledge and agree that yoga is not a substitute for medical attention, examination, diagnosis or treatment. Yoga is not recommended and is not safe under certain medical conditions. I affirm that I alone am responsible to decide whether to practice yoga for myself or family. I HEREBY AGREE TO IRREVOCABLY RELEASE AND WAIVE ANY AND ALL CLAIMS THAT I HAVE NOW OR HEREAFTER MAY HAVE AGAINST YYW.

3. I expressly acknowledge, agree, and promise to accept and assume all of the risks existing in this activity. My participation in Yoga is purely voluntary, and I elect to participate in spite of the risks, known or unknown.

4. I HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE YYW FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, which are in any way connected with my or my families participation in yoga or my use of YYW equipment or facilities, online yoga classes, videos, offsite yoga classes at selected venues including any such claims which allege negligent acts or omissions of YYW and including but not limited to any claims related to COVID-19 or any other illness or disease.

5. Should YYW or anyone acting on its behalf be required to incur attorney’s fees and other costs to enforce this agreement, I AGREE TO INDEMNIFY AND HOLD YYW HARMLESS FOR ALL SUCH FEES AND COSTS.

6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I FURTHER CERTIFY THAT I HAVE NO MEDICAL OR PHYSICAL CONDITIONS WHICH COULD INTERFERE WITH MY SAFETY IN YOGA, OR ELSE I AM WILLING TO ASSUME—AND BEAR THE COSTS OF—ALL RISKS THAT MAY BE CREATED, DIRECTLY OR INDIRECTLY, BY ANY SUCH CONDITION.

7. I FURTHER ACKNOWLEDGE AND AGREE that YYW may in its sole discretion, bar my participation in yoga or require my removal from its facilities or website in order to prevent injury or inconvenience to myself and others.

8. In the event that I file a lawsuit against YYW I agree to do so solely in the state of California and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

9. Photo Release: At times portions of our classes and events may be filmed, photographed, and/or recorded. At times our classes can take place in our physical studio location and at other times in a selected offsite venue or video. By signing here, you consent to the possible reproduction of your likeness and/or voice, as well as the likeness/voice of any person representing our products and/or services, and you waive any claims in connection therewith.

10. Online yoga: YYW assumes no responsibility for injuries suffered while practicing these techniques at your home or any other location of your choice. Please seek a qualified medical professional before attending online yoga classes and courses or viewing videos.

I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this NEW STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, I acknowledge that if anyone is injured or property is damaged during my participation in yoga, I may be found by a court of law to have waived my right to maintain a lawsuit against YYW on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.

PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)

In consideration of Minor being permitted by YYW to participate in its activities and to use its equipment and facilities, I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS YYW FROM ANY AND ALL CLAIMS WHICH ARE BROUGHT BY, OR ON BEHALF OF MINOR, AND WHICH ARE IN ANY WAY CONNECTED WITH SUCH USE OR PARTICIPATION BY MINOR.

I FURTHER ACKNOWLEDGE AND AGREE that YYW may, in its sole discretion, bar minor’s participation in yoga or require minor’s removal from its facilities in order to prevent injury or inconvenience to minor and others.

I CERTIFY THAT I AM OF LEGAL AGE, SOUND MIND AND HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS HEREIN.

Terms and Conditions
Please read these Terms of Use (“Terms of Use”) carefully. These Terms of Use are an agreement between you and Yoga Your Way (YYW),governing your use of (including any access to) the website, currently located at www.yogayourway.fitness (together with any successor site(s) thereto, the “Site”), the YYW applications currently p (together with any successor application(s) thereto, collectively the “App”) and the information, services, products, materials and programs offered through the Site and/or the App (collectively, together with the Site and the App, the “Online Services”) to you subject to these Terms of Use, which may be amended as described below. By accessing or using the Online Services, you agree to these Terms of Use. These Terms of Use hereby incorporate by this reference any additional terms and conditions with respect to the Online Services that are made available by YYW through the Online Services, or otherwise made available to you by YYW.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, CLASS ACTIONS OR OTHER COURT PROCEEDINGS.

THESE TERMS OF USE ALSO CONTAIN LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION PROVISIONS THAT MAY LIMIT YOUR RIGHTS PURSUANT TO APPLICABLE LAW.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE ONLINE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY COMPANY, CORPORATION, PARTNERSHIP, ORGANIZATION OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT; IF YOU DO NOT HAVE SUCH LEGAL AUTHORITY, SUCH ORGANIZATION WILL NOT ACCESS, USE OR OTHERWISE BENEFIT FROM THE SERVICE. References to “you” and “your” in these Terms of Use will refer to both the individual using the Online Services and any such Organization.

Changes to These Terms of Use
We may change these Terms of Use at any time, and we may notify you of such changes by any reasonable means, including by making the updated Terms of Use available through the Online Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we make available the updated Terms of Use incorporating such changes, or otherwise notify you of such changes. Your continued use of the Online Services following any changes to these Terms of Use indicates your agreement to the updated Terms of Use. Accordingly, we urge you to review any updated Terms of Use, and if you do not agree to such updated Terms of Use, do not access or use the Online Services. The “Last modified” legend above indicates when these Terms of Use were last updated.

Children
By using (including any purchase of) any Online Service, you agree and warrant that you are 18 years old or older and are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of parental control protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers; please note that YYW does not endorse any of the products or services listed on such site.

Important Note Regarding Information Related to Health

CALL 911 OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM IN THE EVENT OF AN EMERGENCY SITUATION.

YOUR USE OF THE ONLINE SERVICES AND ANY INFORMATION PROVIDED IN CONNECTION WITH THE ONLINE SERVICES IS AT YOUR OWN RISK. THE ONLINE SERVICES MAY MAKE AVAILABLE INFORMATION REGARDING HEALTH (“HEALTH INFORMATION”). PRIOR TO PARTICIPATING IN ANY EXERCISE PROGRAM OR ACTIVITY, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU AGREE THAT YOU WILL NOT USE ANY HEALTH INFORMATION PROVIDED BY OUR ONLINE SERVICES TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION. APPLICATION OR RELIANCE ON OF ANY HEALTH INFORMATION, INCLUDING ANY TECHNIQUES, IDEAS AND SUGGESTIONS ACCESSED THROUGH OUR ONLINE SERVICES, IS AT YOUR SOLE DISCRETION AND RISK.

OUR ONLINE SERVICES, AND ANY HEALTH INFORMATION, (A) ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT; (B) SHOULD NOT BE CONSTRUED AS THE PROVISION OF ADVICE OR RECOMMENDATIONS; AND (C) SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION, INCLUDING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY HEALTH INFORMATION. HEALTH INFORMATION IS NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF HEALTH INFORMATION. THE RELATIONSHIP BETWEEN YOU AND US IS NOT A PHYSICIAN-PATIENT OR SIMILAR RELATIONSHIP; ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION MADE AVAILABLE BY THE ONLINE SERVICES.

Information Submitted Through the Online Services
Your submission of information through the Online Services is governed by the Online Services’ Privacy Policy, located at yogayourway.fitness/privacy policy (the “Privacy Policy”). You agree to provide true, accurate, current and complete information about yourself as prompted by our Online Services’ registration form and to update that information to keep it accurate.

Permitted Use and Restrictions
Solely for so long as you are permitted by YYW to use the Online Services and subject to your compliance with the requirements and restrictions of these Terms of Use, you may, and you agree that you are only authorized to, access and use the Online Services solely for your own personal, non-commercial use or, if you are an Organization, solely for your own internal business use.

The App is licensed (not sold) to end users. Solely for so long as you are permitted by YYWto use the App and subject to your compliance with the requirements and restrictions of these Terms of Use, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, solely for your own personal, non-commercial use, or, if you are an Organization, solely for your own internal business use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the App and delete the App from your device.

You agree that, absent our express prior written consent, you shall not duplicate, download, publish, modify, create derivative works, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or the use of) the Online Services except as specifically authorized herein. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software that are part of the Online Services are the property of YYW or our licensors and are protected by U.S. and international copyright laws. You also agree that, in connection with our Online Services, you will not:

violate or solicit the violation of any applicable local, state, national or international law;
infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
post, transmit or otherwise make available through or in connection with any Online Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; or (c) obscene, indecent, pornographic or otherwise objectionable;
post, transmit or otherwise make available through or in connection with the Online Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
harvest or collect information about users of the Online Services;
restrict or inhibit any other person from using the Online Services;
reverse engineer, decompile or disassemble any portion of the Online Services, except to the extent such restriction is expressly prohibited by applicable law;
remove any copyright, trademark or other proprietary rights notice from the Online Services;
frame or mirror any portion of the Online Services, or otherwise incorporate any portion of the Online Services into any product or service, without our express prior written consent;
systematically download and store Online Services content; or
interfere with or disrupt our Online Services or the servers or networks used to make the Online Services available; or violate any requirement, procedure or policy of such servers or networks.
Furthermore, you agree that you will not use any automated device or process, such as a “bot” or a “spider,” to copy or extract information or content from our Online Services, except, subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, to use such information or content for purposes of listing our Online Services with a publicly available search engine or other publicly available service designed to direct users to the Site. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Online Services.

Changes to the Online Services
YYW may, without notice or liability, change, suspend or discontinue any aspect of the Online Services at any time. YYW may also, without notice or liability, impose limits on certain features and services of the Online Services, restrict your access to all or portions of the Online Services or charge, modify or waive any fees required to use any Online Service.

Termination; Violation of these Terms of Use
These Terms of Use are effective until terminated. YYW may terminate these Terms of Use at any time and without prior notice, for any or no reason. Upon any such termination, your right to use the Online Services will immediately cease, and YYW may, without liability to you or any third party, immediately deactivate or delete your Access Credentials and account, and all associated materials (including any of Your Submissions), without any obligation to preserve or provide any further access to such materials. Except with respect to the access and usage rights set forth in the first sentence of the section titled “Permitted Use and Restrictions” and the sections titled “Changes to These Terms of Use” and “Changes to the Online Services,” the terms and conditions of these Terms of Use shall survive any termination of these Terms of Use.

Without limiting the foregoing, you understand and agree that, in YYW sole discretion, and without prior notice, YYW may terminate your access to the Online Services, or exercise any other remedy available and remove any unauthorized user information, if YYW believes or suspects that any of your actions or inactions have violated or are inconsistent with these Terms of Use, violate the rights of YYW or any third party, or violate the law. You agree that monetary damages may not provide a sufficient remedy to YYW for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.

Copyright Policy
We may terminate the privileges of any user who engages in copyright infringement in connection with his or her use of the Online Services.

Representations by You
By accessing or using the Online Services, you represent, warrant and covenant that you are a resident of the United States and that all content, information, data, materials or other resources of any kind submitted to us through or in connection with the Online Services (each, a “Submission”) by you (each, “Your Submission”) are complete and accurate, do not violate any applicable law and do not plagiarize, violate or infringe upon the rights of any third party, including trade secret, copyright, trademark, trade dress, privacy, patent or other personal or proprietary rights.

Monitoring
We may (but have no obligation to) monitor, evaluate, or analyze Your Submissions and your access to or use of the Online Services. We may disclose Your Submissions, any information regarding Your Submissions, your access to and use of the Online Services, and the circumstances surrounding such Submissions, access or use, to anyone for any reason or purpose. We may also alter or remove Your Submissions.

Accounts
You may need to register to use all or part of the Online Services. During the registration process you may be asked to select a unique user name, password or other information (“Access Credentials”) for access to certain portions of the Online Services. You are responsible for maintaining the confidentiality of your Access Credentials and account, and are fully responsible for all activities that occur using your Access Credentials. By logging into any Online Service, you represent and warrant that: (a) you are the customer who registered for the applicable Online Services; (b) that you are using the applicable Online Services only for permitted purposes; (c) you are not, or are not acting on behalf of, a competitor of YYW; (d) you will immediately notify us of any unauthorized use of your Access Credentials or account or any other breach of security with respect to your Access Credentials or account; and (e) you will ensure that you exit from your account at the end of each session. Please contact YYW through the website with subject line “Web Account Misuse” of any potential unauthorized use(s) of your account or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; and (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name. We may reject, or require that you change, any Access Credential that you provide to us in registering.

Without limiting the foregoing, if you are an Organization, (1) you acknowledge and agree that all of your employees using the Online Services (each, a “User”) will have the authority to act in your name and on your behalf with respect to such Users’ activities in connection with the Online Services; (2) you hereby authorize any and all transactions, submissions, instructions, authorizations and other acts initiated through the use of any Access Credentials; (3) you are responsible for each User’s acts and omissions in connection with their use of the Online Services; and (4) you will ensure that each User complies with these Terms of Use.

License Granted by You
Certain Online Services functionality may provide users with the ability to submit Submissions. For purposes of clarity, you retain ownership of Your Submissions. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit Your Submissions, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE ONLINE SERVICES, YOU DO SO AT YOUR OWN RISK. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law under any legal theory.

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Online Services or otherwise, such Feedback will be deemed Your Submission, and you hereby acknowledge and agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Resources
The Online Services may make available information, data, materials, services, products, merchandise, functionality or other resources (collectively, “Resources”), as well as references and links to such Resources. Resources may be made available by YYW or by third parties, and may be made available for any purpose, including for general information purposes. We make no representations as to the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, appropriateness or safety of any Resources, or any intellectual property rights therein. Resources, and the availability of Resources, are subject to change at any time without notice. We disclaim all liability and responsibility arising from any reliance placed on any Resources by you or any other user of the Online Services, or by anyone who may be informed of the content of any Resources. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws regarding the use, possession or acquisition of any Resources.

Transactions
We may make available the ability to purchase or otherwise obtain certain products or services through the Online Services (a “Transaction”). If you desire to engage in a Transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT CARD OR PAYMENT SERVICE THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products or services will be used only in a lawful manner.

YYW reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product or service available through the Online Services (each, a “Product”); to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. We make no representations as to the accuracy, validity, timeliness, completeness or reliability of listings, descriptions or images of Products (including any features, specifications and prices contained therein), and such information and the availability of any Product (including the validity of any price, coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your device, software and settings, and we cannot guarantee that your device will accurately display such colors.

Without limiting the foregoing, YYW reserves the right to revoke any offer and correct any errors, inaccuracies or omissions, including after an order has been submitted (whether or not the order has been confirmed and your credit card charged). If an order is cancelled after you have been charged, YYW will issue a credit to your credit card account or bank account (for debit card transactions) in the amount of the charge (see your individual bank’s policies as to when this amount will be credited to your account). Refunds and exchanges will be subject to YYW applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Online Services, at the prices in effect when such charges are incurred, including any shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. The receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

If applicable, Products will be shipped to an address designated by you, so long as such address is complete and complies with the shipping restrictions made available through the Online Services. All Transactions with respect to physical Products are made pursuant to a shipment contract and, as a result, risk of loss and title for such Products pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Subscription Services
YYW provides subscription services via YYWwebsite: (1 YYW also provides events, classes and yoga training.

YYW Paid Subscription Terms:
The following terms are applicable only if you purchase the YYW Paid Subscriptions. YYW may, at its sole discretion, change the features and services offered with Subscription(s) at any time.

Billing and Fees:
By making an in-app purchase for any YYW Paid Subscription “), and providing your credit card or other payment method information, you authorize theYYW to charge your credit card or other payment method for the YYWPaid Subscription(s) at the then-current rate and any additional charges (including late charges and applicable federal, state, or local taxes). You also authorize payment for any such services from YYW

BY REGISTERING FOR THEYYWPAID SUBSCRIPTIONS, YOU AFFIRMATIVELY CONSENT TO HAVE YOUR CREDIT CARD OR OTHER PAYMENT METHOD CHARGED ON A PERIODICALLY RECURRING BASIS (E.G. MONTHLY OR ANNUALLY), UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION (see also Cancellation below).

Subscription Rate Changes:
YYWmay change the applicable subscription rate from time to time. If we do, you will be provided advance notice of any change in the subscription rate(s). If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. If you continue to use any YYW Paid Subscription(s) after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.

Cancellation:
You may cancel any timeby contacting YYW. In the event that you cancel your Paid Subscription before the end of your subscription period, YYW will not return any portion of the subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription features until the end of your subscription period. YYW reserves the right to terminate your access to Paid Subscription(s), or any portion thereof at any time, without notice.

PUSH NOTIFICATIONS AND IN-APP ALERTS AND UPDATES:
When you download one of our mobile apps, we may provide you with the option to opt-in to receive push notifications from us on your mobile device in connection with that mobile notification. These push notifications may include promotional communications regarding our products and services. You may, after downloading the applicable mobile application, opt out of receiving push notifications by adjusting the settings on your mobile device. Opting out of push notifications will not affect other communications you receive from us, such as email communications.

No Commercial Use:
This Online Services may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain YYW prior written consent to make commercial offers of any kind through the Online Services, whether by advertising, solicitations, links or any other form of communication. YYW will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Online Services and barring such violators from use of the Online Services.

Links and Search Results:

The Online Services may make available access to Resources made available by third parties, including Submissions (“Third Party Resources”), or allow for the routing or transmission of such Third Party Resources, including via links to sites operated by third parties throughout the World Wide Web. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Resources. YYW has no control over, does not endorse, is not affiliated with and is not responsible for any Third Party Resources (and the availability of any Third Party Resources through the Online Services does not imply such control, endorsement, affiliation or responsibility), including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Resources, or any intellectual property rights therein. Certain Third Party Resources may, among other things, be inaccurate, misleading or deceptive. YYW does not make any guarantee, representation or warranty with respect to any Third Party Resources, including with respect to whether any Third Party Resources are accurate, legal and/or inoffensive, or whether they contain viruses or may otherwise impact your computer. By using the Online Services to search for or link to any Third Party Resources, you agree and understand that you may not make any claim against YYW for any damages or losses whatsoever resulting from your use of the Online Services to obtain search results or to link to Third Party Resources. If you have a problem with a link from the Online Services, you may notify us at www.here4yourhealth.com, with the subject line “Broken Links.” We have no obligation to monitor Third Party Resources, and we may block or disable access to any Third Party Resources (in whole or part) through the Online Services at any time.

YOUR USE OF THIRD PARTY RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY RESOURCES (SUCH AS TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY RESOURCES).

Promotions:
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Online Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern with respect to such Promotion to the extent of such conflict.

Intellectual Property:
You acknowledge that all content and materials available on or through the Online Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by YYw or our licensors. You may only use the Online Services or their contents as expressly permitted in these Terms of Use and for no other purpose. YYW , our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Online Services. Except as expressly provided in these Terms of Use or as we may otherwise expressly authorize in advance in writing, you shall have no right to, and you agree not to (directly or indirectly), own, use, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works from the Online Services, or any content or materials available through the Online Services (including software), in whole or in part. Systematic retrieval of data or other content from the Online Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. You shall have no rights to the proprietary software and related documentation, if any, provided to you by or on behalf of YYW in order to access the Online Services.

The trade names, trademarks, service marks and logos displayed through the Online Services are the property of YYW . and/or other third parties. Except when referring to YYW and/or its products and services, you may not use our trade names, trademarks, service marks or logos (including the marks listed below)—or any trade name, trademark, service mark or logo confusingly similar thereto. Nothing contained in the Online Services should be construed as granting any license or right to use any trade names, trademarks, service marks or logos without the express prior written consent of the applicable owner.

The following are registered and unregistered trademarks and/or service marks owned by yyw in the United States and other countries: YYW The foregoing is a non-exhaustive list of those registered and unregistered trademarks or service marks in which YYW claims rights, and YYW eserves the right to amend this list, as necessary and appropriate. The omission of any registered and/or unregistered trademark or service mark from the foregoing list shall not constitute a waiver of any intellectual property rights owned by yyw

Copyright Infringement Claims:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Online Services infringe your copyright, you (or your agent) may send to Here 4 Your Health a written notice by mail, requesting that Here 4 Your Health remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Online Services, the DMCA permits you to send to Here 4 Your Health a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of alleged infringement, currently include, among other requirements, the following:

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Notices and counter-notices must be sent in writing to yyw

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws.

DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY AGREE THAT, OTHER THAN TO THE EXTENT THAT ANY WARRANTY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW (IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOLLOWING DISCLAIMER OF WARRANTIES PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT), (A) THE ONLINE SERVICES AND ALL MATERIALS, RESOURCES, INFORMATION, SOFTWARE, THIRD PARTY RESOURCES, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES (COLLECTIVELY, TOGETHER WITH THE ONLINE SERVICES, THE “OFFERING”) ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE” FOR YOUR USE. THE OFFERING IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE; AND (B) NONE OF HERE 4 YOUR HEALTH, ITS SUBSIDIARIES OR ITS AFFILIATES, NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS OR SERVICE PROVIDERS, NOR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HERE 4 YOUR HEALTH PARTIES”), MAKE ANY WARRANTY THAT THE CONTENT OF THE ONLINE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; THAT THE ONLINE SERVICES ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE THROUGH THE ONLINE SERVICES. ALL DISCLAIMERS OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH YYW

Third parties may make unauthorized alterations to the Online Services. If you become aware of any such alteration, contact us at yogayourway.fitness with a description of such alteration and its location on the Online Services.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL ANY HERE 4 YOUR HEALTH PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO THE OFFERING OR THESE TERMS OF USE, INCLUDING DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES, RESOURCES, PRODUCTS, THIRD PARTY RESOURCES OR FROM INFORMATION MADE AVAILABLE THROUGH THE ONLINE SERVICES OR ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SECTION TITLED “TRANSACTIONS,” YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE OFFERING IS TO STOP USING THE ONLINE SERVICES. THE MAXIMUM LIABILITY OF ALL Here 4 Your Health PARTIES, IN THE AGGREGATE, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS (EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE), SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO YYW SOLELY TO USE THE ONLINE SERVICES; AND (B) TEN U.S. DOLLARS ($10.00).

ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THESE TERMS OF USE (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF BOTH YYW

IF ANY LAW THAT APPLIES TO YOU DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH ABOVE, TO THE EXTENT REQUIRED BY SUCH APPLICABLE LAW, THE APPLICABLE EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU (AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS) AND OUR LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE OFFERING OR THESE TERMS OF USE SHALL BE LIMITED TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF california AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.

Indemnification:
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless YYW rom and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Online Services (including Your Submissions); or (b) any violation or alleged violation of these Terms of Use by you. IN PARTICULAR, YOU EXPRESSLY AGREE THAT THE FOREGOING INDEMNIFICATION PROVISIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF california AND THAT IF ANY PORTION THEREOF IS HELD INVALID, YOU AGREE THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL FORCE AND EFFECT.

Governing Law:
These Terms of Use, your use of the Online Services, all transactions through the Online Services and any claims arising out of or relating to the Online Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of the United States (including the Federal Arbitration Act) and the State of California without regard to California’s conflict of law provisions that would require the application of the laws of another jurisdiction

Arbitration of Disputes:
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) Here 4 Your Health AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

International Use:
The Online Services are controlled or operated (or both) from the United States, and are not intended to subject YYW to any non-U.S. jurisdiction or law. By choosing to access the Online Services from any location other than the United States, you accept full responsibility for compliance with all laws that are applicable. YYW makes no representation that materials available through the Online Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. We may limit the availability of the Online Services at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

You may not use, export or re-export any materials from this Online Services in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations, and you represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Contact Information; Notices:
Our Online Services are offered by YYW at yogayourway.fitness you have any questions or complaints about the Online Services. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Except as explicitly stated otherwise in these Terms of Use, any notices in connection with these Terms of Use shall be given, in the case of notices to yogayourway.fitnes or, in the case of notices to you, by posting to the Site, by making available through the App or by email (including in each case via links) or by postal mail to the email or postal mail address, respectively, you provide to yywuring the registration process.

Miscellaneous:
These Terms of Use constitutes the entire agreement between YYW and you with respect to the Online Services and supersedes all prior or contemporaneous communications and proposals between us with respect to the Online Services. For clarity, nothing in these Terms of Use amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with YYW . If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Section titles in these Terms of Use are for convenience and do not define, limit or extend any provision of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and YYW You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YYW will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Apple-Specific Terms:
In addition to the foregoing terms and conditions, and notwithstanding anything to the contrary in these Terms of Use, the following provisions in this section apply with respect to your use of any version of the an App if available compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for the App or the content thereof. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the App, including those pertaining to intellectual property rights, must be directed to Here 4 Your Health in accordance with the “Contact Information; Notices” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, YYW right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Use is not subject to the consent of any third party.

Privacy Policy
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of this Privacy Policy:

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Here 4 Your Health 5840 El Camino Real, #102, Carlsbad, Ca. 92008
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Website refers to Here4YourHealth, accessible from Here4yourhealth.com
Service refers to the Website Here4yourhealth.com.
Country refers to: United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies in the “What Are Cookies” article.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies
Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies
Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Authorize.net
Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if You are a resident of California, You have the following rights:

The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The categories of Personal Data collected
The sources from which the Personal Data was collected
The business or commercial purpose for collecting or selling the Personal Data
Categories of third parties with whom We share Personal Data
The specific pieces of Personal Data we collected about You
The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
Denying goods or services to You
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to You
Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our “Do Not Sell My Personal Information” section or web page.

The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.

Do Not Sell My Personal Information

We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.

If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.

Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

From Our “Cookie Consent” notice banner
Or from Our “CCPA Opt-out” notice banner
Or from Our “Do Not Sell My Personal Information” notice banner
Or from Our “Do Not Sell My Personal Information” link
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

“Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
“Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, you can contact (866) 878-2597 (press option 6):